Bill Text: HI SB1315 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 1315 (Prior Session Legislation)

Introduced

Bill Title: Power of Arrest; Federal Officers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB1315 Detail]

Download: Hawaii-2014-SB1315-Introduced.html

THE SENATE	S.B. NO.	1315
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to the power of arrest.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 803, Hawaii Revised Statutes, is amended by adding a new section to part IA to be appropriately designated and to read as follows:

"§803- Officer of the Department of Homeland Security's Federal Protective Service; arrest powers. A federal law enforcement officer of the Department of Homeland Security's Federal Protective Service, without a warrant, may arrest a person or issue a citation if:

(1) The officer is on duty;

(2) One or more of the following situations exists:

(A) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 707, in the presence of the officer;

(B) The person commits an offense against public order, defined and punishable under chapter 711, in the presence of the officer;

(C) The officer has probable cause to believe that a felony has been committed and probable cause to believe that the person to be arrested has committed the felony;

(D) The officer has received information by written, telegraphic, telephonic, radio, or other authoritative source that a law enforcement officer or agency holds a warrant for the person's arrest; or

(E) The officer, in conjunction with the protection of federal property and the persons thereon, has probable cause to believe that a public offense has occurred on property owned or possessed by the United States government, or on any sidewalk, street, or property immediately adjacent thereto, in violation of applicable state or county statute; and

(3) The commander of the Federal Protective Service responsible for operations in Hawaii certifies to the State that the officer has received proper training within the agency to enable that officer to enforce or administer this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Power of Arrest; Federal Officers

Description:

Permits officers of the Department of Homeland Security's Federal Protective Service to make arrests for certain offenses under state law when the offense occurs on or immediately adjacent to property owned or possessed by the United States government.

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